I am currently on probation in Livonia, Michigan for a possession of Marijuana charge and obstructing a police officer (Lied to the officer about having Marjiuana in the car). They gave me 9 months probation. This is my FIRST offense EVER. I completed all of my EIP classes and have done all of my commuinty service and paid all of my fines within the first 3 months. I am currently in the process of getting a job as a Pharmacy Technician at Henry Ford Hospital and it won't happen unless my charge and probation is expunged. I'm tested once a month at JAMS and never missed or Violated. I was wondering if there was any way I can get off probation early? ( I'm not worried about random drug testing because it is part of the job at HF anyways) Any help would be appreciated! Thanks!
Criminal Defense Attorney
You're question makes it unclear what it is that you're actually asking. If you are referring to actually having your record expunged then it would be based on one of two things. You either have a deferral attached to both of your convictions, which is attached to successful completion of probation. Or you didn't have a deferral attached and now you have to wait 5 years to get it expunged, if you meet the statutory requirements. However, You may be asking about early termination from probation. This would depend on the probation officer agreeing or following the recommendation to release you and then having the judge sign off on it. You must have completed at least half of your sentenced probationary term and completed all terms of probation. I hope this helps.
Criminal Defense Attorney
If you are just trying to get off probation early, a good Michigan Criminal Defense Attorney can file a Motion for Termination of Probation and you may be able to receive an early discharge. As far as getting your conviction "expunged" that is a different story. An "expungement" can only happen at least 5 years after your conviction. If you want the offense taken off your record, that is going to be a real challenge. An attorney is going to have a major, up-hill battle convincing the prosecutor to outright dismiss the charges. The judge does not have the power to give you that relief. If it has been less than 6 months since you were convicted, you may still have time to request that your plea and conviction be set aside but you absolutely should consider consulting with a criminal defense lawyer before you request that type of relief.
Mr. Loren Dickstein, Esq.
LEWIS & DICKSTEIN, P.L.L.C.
2000 Town Center, Ste. 2350
Southfield, MI 48075
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